Under his proposal, Buttars said schools would be free from the fear of being sued for accepting or denying a non-curricular student club because the Utah Attorney General's Office could defend schools, freeing districts from legal costs.
Like a similar bill last year, Buttars wants to target Gay-Straight Alliances, allowing school leaders to deny the clubs at the school without the threat of losing resources in a lawsuit.
"In my opinion, I hope they don't allow them, they could, but I hope they don't," Buttars said. "The school would have the authority to make a decision on yea or nay — that part got taken out over in the House, and I am going to put them back in."
You can't draft a bill that targets a group because of who they are, that's a violation of the Equal Protection Clause of the 14th Amendment. See Romer v. Evans. And like that terrible abortion bill, it makes the taxpayers pony up the money to pay for ideologs' battles. Not to mention that the schools don't want this bill. Not because they love their gay students, but because it is an administrative nightmare even if it wasn't unconstitutional.
Buttars may be fanatical about homosexuals, and have no knowledge of the law, but he is no dummy and knows his parliamentary tactics.